In High Court civil cases parties are expected to uphold certain standards of conduct to support the fair and efficient resolution of disputes. One of the key obligations is the general duty to co-operate, which requires all parties throughout the process to engage and to work together towards progressing the proceeding in an efficient and proportionate way, avoiding unnecessary delays.
What is the general duty to co-operate in civil proceedings?
The general duty to co-operate requires all parties to actively work together to ensure that the proceeding is conducted fairly, efficiently, and proportionately.
How do I fulfill the general duty to co-operate with other parties?
You fulfill the duty to co-operate by:
Engaging in direct discussions: Lawyers must speak directly with each other (or with self-represented litigants) to try to agree on how the proceeding will be conducted. You should therefore be prepared to speak with the other party to the proceeding, or their lawyer if they have one, to try to agree on how the proceeding will be conducted. This communication should occur over the telephone or at meetings.
Collaborating on procedural steps: Parties should discuss procedural steps in the proceedings and where possible, agree on matters such as timelines, disclosure formats, and trial preparation steps.
Preparing for Judicial Issues Conferences: Parties must co-operate in preparing for and participating in the Judicial Issues Conference, including filing position papers and, if necessary, discussing trial logistics.
Working together on disclosure: Parties must co-operate to ensure disclosure is focused, proportionate, and efficient, especially when using technology or preparing electronic bundles.
Preparing shared documents: Parties must collaborate on preparing the common bundle and the merged chronology, ensuring accuracy and clarity for the court.